Yaborough v. Schwarzenegger

Filing 3

ORDER of dismissal. Signed by Judge Illston on 11/30/06. (SI, COURT STAFF) (Filed on 11/30/2006)

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Yaborough v. Schwarzenegger Doc. 3 Case 3:06-cv-07311-SI Document 3 Filed 11/30/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 A L F R ED YARBOROUGH, P l a i n ti f f , v. AR NO LD SCHW AR ZE NE GG ER , etc.; et al., Defendan ts. / Alfred Yarborough, an inmate at Centinela State Prison, filed this pro se civil rights a c t io n under 42 U.S.C. 1983, seeking damages and injunctive relief from Governor S c h w a r z e n e g g e r and other unidentified defendants for allegedly unconstitutional conditions at Ce ntin ela State Prison. The Northern District of California is not a proper venue for this action because it appears t h a t none of the defendants reside in this district and no event or omission giving rise to the c o m p l a i n t occurred in this district. The only identified defendant resides in the Eastern District o f California. The events or omissions that gave rise to the complaint occurred at Centinela State Prison in Imperial County, within the venue of the Southern District of California. Venue therefo re may be proper in the Eastern District or the Southern District of California, but is not prop er in the Northern District. See 28 U.S.C. 1391(b). An action filed in the wrong venue m a y be dismissed or transferred to the proper venue. See 28 U.S.C. 1406(a). Although the No . C 06-7311 SI (pr) O R D E R OF DISMISSAL U N I T E D STATES DISTRICT COURT N O R T H E RN DISTRICT OF CALIFORNIA United United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com Case 3:06-cv-07311-SI Document 3 Filed 11/30/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 c o u r t frequently transfers prisoner cases to the proper venue when they have been filed in the w r o n g venue, it will not do so here because there appear to be two districts in which the action may be brought. The court will leave it to Yarborough to decide whether he wants to proceed i n the Eastern District or Southern District of California. A cc or di ng ly, pursuant to 28 U.S.C. 1406(a) this action is DISMISSED. This dismissal is without prejudice to Yarborough filing a new action in the Eastern District or Southern D i s t r ic t of California. The clerk shall close the file. IT IS SO ORDERED. D a t e d : 11/30/06 __________________ _______________________ SUSAN ILLSTON U n i t e d States District Judge United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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